LOCATION:Location of alleged robbery
DOCKET NO.: 73-628
DECIDED BY: Burger Court (1972-1975)
LOWER COURT: Supreme Court of Mississippi
CITATION: 419 US 20 (1974)
ARGUED: Oct 17, 1974
DECIDED: Nov 19, 1974
George Calvin Cochran –
John McQuiston, II – for appellant
Media for Allenberg Cotton Company, Inc. v. Pittman
Audio Transcription for Opinion Announcement – November 19, 1974 in Allenberg Cotton Company, Inc. v. Pittman
Warren E. Burger:
The judgment and opinion of the Court in 73-628, Allenberg Cotton Company against Pittman will be announced by Mr. Justice Douglas.
William O. Douglas:
This case is here on appeal from the Supreme Court of Mississippi.
The appellant is a cotton merchant with the place of business in Memphis, Tennessee and he purchases cotton through a broker in Mississippi from people who raise cotton.
And the appellee is one who mannered into a contract just with — through the broker in Mississippi to sell to the cotton merchants in Memphis, Tennessee.
And they followed the contract and a suit was brought by the cotton merchant.
The appellant in the state courts in Mississippi to recover under the contract against the farmer, the planter.
And the Mississippi court refused recovery because appellant had not received a certificate to do business in the state.
We reversed the judgment of the Supreme Court of the State of Mississippi.
Mr. Justice Rehnquist has filed a dissenting opinion.
The pattern of business is set forth in the opinion filed with the Court suffice to say that we conclude since the appellant was engaged in interstate business selling to cotton mills here and abroad and transact it and then engaging in transactions on the cotton exchange.
He was in interstate commerce and that this regulation of Mississippi would be a direct burden on — upon commerce.
Accordingly we reverse and remand.
Warren E. Burger:
Thank you Mr. Justice Douglas.